Philippines’ Manila Sonshine Media Network International (SMNI), a suspended network, requested that the National Telecommunications Commission order its commissioners to recuse themselves from the network’s case pertaining to a franchise violation.
SMNI’s attorneys submitted a six-page motion with the NTC on Thursday, claiming that the regulatory commission’s “impartiality” in acting as both the “complainant and judge” is in violation of the right to due process.
The dual role of this Honorable Commission as both the judge and the complainant at the same time makes it impossible to seem unbiased. As a result, the respondent cannot expect this Honorable Commission, which serves as both a judge and a complainant, to render an unbiased decision,” SMNI’s application stated.
“Therefore, premises considered, it is respectfully prayed that this Honorable Commission refrain from taking any further action on this administrative case and inhibit themselves,” the statement continued, referring to the Honorable ELLA BLANCA B. LOPEZ, Commissioner; JON PAULO V. SALVAHAN, Deputy Commissioner; and ALVIN BERNARDO N. BLANCO, Deputy Commissioner.
Additionally, SMNI requested that the NTC provide the network an extra 15 days to address the dispute.
One of SMNI’s legal counsel, Mark Tolentino, told reporters in an interview that the Department of Justice may designate a different body to hear the issue if the commissioners choose not to participate in the network’s argument.
“A judge’s gold neutrality and appearance of impartiality are mandated by due process. Thus, they need to look impartial in addition to being impartial. And in this office, we cannot expect due process,” Tolentino stated.
The NTC serves as the executioner, the judge, and the complainant. In an interview with reporters, Rolex Suplico, another SMNI attorney, added, “We cannot expect justice from the NTC.”
However, the NTC’s mandate requires it to oversee, control, and make decisions regarding broadcast, telecommunications, and radio in the nation. It handles franchise cases among other cases.
In accordance with Resolution 189, which was passed by the House of Representatives (HoR), the NTC suspended SMNI, a network operated by Apollo Quiboloy, one of the FBI’s most wanted people, for 30 days on December 21. The network’s hosts are also notorious for red-tagging.
The network, which is controlled by Quiboloy, allegedly transferred shares without Congress’s consent, purposefully disseminated incorrect information, and neglected to offer at least 30% of its outstanding stock, according to the House Resolution.
On December 28, 2023, SMNI also filed a plea with the Court of Appeals, requesting that the top court reverse the NTC’s decision to suspend the network.
